- 1 - NC: 2025:KHC:16378 WP No. 19128 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19128 OF 2024 (GM-BWSSB) BETWEEN: 1. SRI. B.P. BAYANNA, S/O LATE PAPAIAH, AGED ABOUT 78 YEARS, SENIOR CITIZEN AGE NOT CLAIMED 2. SMT KAMAKSHAMMA, W/O B P BAYANNA, AGED ABOUT 65 YEARS, SENIOR CITIZEN AGE NOT CLAIMED 3. SMT NIRUPAMA D/O B P BAYANNA AGED ABOUT 47 YEARS SENIOR CITIZEN AGE NOT CLAIMED 4. SRI ANAND BABU B S/O B P BAYANNA AGED ABOUT 45 YEARS 5. SMT CHETANA KUMARI, W/O ANANDA BABU, AGED ABOUT 37 YEARS, 6. KUMARI SHRIJANI A D/O ANAND BABU B AGED ABOUT 11 YEARS 7. MASTER CHIRUSH A S/O ANAND BABU B AGED ABOUT 9 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16378 WP No. 19128 of 2024 SL NO.6 & 7 BEING MINORS REPRESENTED BY THEIR NATURAL GUARIDAN FATHER ANAND BABU AND CHETANA KUMARI M, 8. SMT SWAPNA, D/O B P BAYYANNA, AGED ABOUT 43 YEARS, 9. SRI AJAY B, S/O B P BAYYANNA, AGED ABOUT 41 YEARS, 10. SMT POOJA P GOWDA, W/O AJAY B, AGED ABOUT 33 YEARS, 11. KUMARI UDITI A, D/O AJAY B, AGED ABOUT 11 YEARS, MINOR REPRESENTED BY NATURAL GUARDIAN FATHER AJAY B AND POOJA P GOWDA, ALL ARE RESIDING AT BELEGERE VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER M/S SKANDA AVANI SHELTERS PVT LTD, A COMPANY A HAVING ITS OFFICE AT NO 14, 3 FLOOR, SUBHAST COMPLEX, OUTER RING ROAD, CHINNAPANAHALLI, MARATHHALLI, BANGALORE - 560037, REPRESENTED BY ITS MANAGING DIRECTOR 1. SRI R VIJAYA KUMAR REDDY 2. SRI RAMANOLLA SANDEEP …PETITIONERS (BY SRI. MANJUNATHA S V.,ADVOCATE) AND: - 3 - NC: 2025:KHC:16378 WP No. 19128 of 2024 1. THE STATE OF KARNATAKA, BY ITS ADDITIONAL CHIEF SECRETARY, THE URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE - 560001. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR, CAURVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560001, REP BY ITS CHAIRMAN. 3. THE CHIEF ENGINEER (EAST), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAURVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560001. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R1, SRI K B MONESH KUMAR, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE DEMAND NOTICE DATED 04/05/2024, BEARING NO. BWSSB-NOC-2024-3-23-032107194594, ISSUED BY THE R3 (ANNEXURE-C) FOR DEMANDING THE GREATER BANGALORE WATER SUPPLY AND SEWERAGE PROJECT / BENEFICIARY CAPITAL CONTRIBUTION (GBWASP/BCC) CHARGES IS CONCERNED AS ILLEGAL, ARBITRARY, WITHOUT AUTHORITY OF LAW AND VIOLATIVE OF ARTICLE OF 14 OF THE CONSTITUTION AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:16378 WP No. 19128 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri Manjunatha S.V., learned counsel for petitioners, Sri. Mohammed Jaffar Shah, learned Additional Government Advocate for respondent No.1 and Sri K.B. Monesh Kumar, learned counsel for respondent Nos.2 and 3. 2. The charges levied against the petitioners, in the case at hand, are either few or all of these charges viz., Beneficiary Capital Contribution Charges, Greater Bangalore Water Sewerage Project charges, Advance Probable Pro Rata Charges and Treated Water Charges for Construction. These very charges were considered by this Court in W.P.No.20016 of 2021 c/w W.P.No.10020 of 2020, disposed on 05-04-2024, wherein this Court has upheld the Advance Probable Pro Rata Charges and Treated Water Charges for Construction and has quashed Beneficiary Capital Contribution Charges and Greater - 5 - NC: 2025:KHC:16378 WP No. 19128 of 2024 Bangalore Water Sewerage Project charges, by the following order: “35. For the aforesaid reasons, the following: ORDER (i) The Writ Petitions are allowed in part. (ii) The demand of Advance Probable Pro Rata Charges and Treated Water Charges for Construction are upheld. (iii) The demand of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges are held to be illegal. (iv) The obliteration as found in clause (iii) supra will not come in the way of the State or the Board to bring in the charges that are held to be illegal under the provisions of the Act or the Rules, by making suitable amendments to the Act, Rules or the Regulations. (iv) Petitioners in these petitions who have deposited amounts demanded as Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges is entitled to refund of the same, for which purpose the petitioners shall submit a representation. The same shall merit consideration within 12 weeks from the date of receipt of the copy of this order. (v) In cases where in the event the petitioners has deposited the amount before this Court, as a condition precedent for grant of the interim order, the Registry shall refund those amounts to the petitioners, in case of any deposit of the kind.” - 6 - NC: 2025:KHC:16378 WP No. 19128 of 2024 3. In the light of the issues answered by this Court supra standing covered to the case at hand on all its fours, the writ petition stands disposed on the very same findings and observations. Ordered accordingly. I.A.No.1 of 2024 is disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE CHS List No.: 1 Sl No.: 497